Law Commons^™

Ohio Residential Landlord Tenant Act, Robert J. Croyle

Akron Law Review

The new Ohio Landlord-Tenant Act is the legislature's attempt at correcting the imbalance between landlord and tenant. This new law is Ohio's unique adaptation of the Uniform Residential Landlord and Tenant Act. The thrust of the new act is to abrogate the Ohio common law of caveat emptor and independent covenants and reinterpret residential leases in light of modem contract law.

The purpose of this article is to acquaint the reader with the newly defined rights, duties and remedies of the landlord and the tenant. Analysis will be placed on: (1) Ohio case law prior to the act; (2) similar …

Legal Problems Confronting The Effective Creation And Administration Of New Towns In The United States, Richard W. Hemingway

Akron Law Review

IT MAY SEEM a startling statistic to some that the population in the United States is increasing at the rate of some three hundred thousand people per month.' Stated more dramatically, this increase is equal in size to the addition, during a year, of twelve cities the size of Toledo, Ohio, or, in a decade, of ten cities the size of Detroit, Michigan. On a world basis the growth is even more startling.

Legal Problems Confronting The Effective Creation And Administration Of New Towns In The United States, Richard W. Hemingway

Akron Law Review

IT MAY SEEM a startling statistic to some that the population in the United States is increasing at the rate of some three hundred thousand people per month.' Stated more dramatically, this increase is equal in size to the addition, during a year, of twelve cities the size of Toledo, Ohio, or, in a decade, of ten cities the size of Detroit, Michigan. On a world basis the growth is even more startling.

Mandatory Referendum For Zoning Amendments; Unlawful Delegation Of Legislative Power; Denial Of Due Process; Forest City Enterprises, Inc. V. Eastlake, Jane E. Bond

Akron Law Review

IN 1971 FOREST CITY ENTERPRISES applied to the Planning Commission of Eastlake, Ohio, to rezone its property, an eight-acre parcel of land, from industrial to multi-family high-rise use. After the application was filed, initiative petitions were circulated proposing the adoption of an amendment to the Eastlake city charter. The proposed amendment provided for mandatory voter approval' of any ordinance changing the city's existing comprehensive zoning plan. An amendment to this effect was adopted in November, 1971.

Problems Of Groundwater Rights In Ohio, Alan H. Coogan

Akron Law Review

TO A NOVICE IN THE LAW, the problems of groundwater rights seem to straddle awkwardly the physical and social realms. The law-a formal set of rules by which society is ordered-seems to the physical scientist a strangely confusing and confused tool with which to define, even in a social context, the parameters and limits of a physical continuum. For example, on the basis of attorney's briefs, bolstered even by expert testimony, judges have legally defined "subterranean streams"' and erected criteria for recognizing such streams that sound more like the rhetoric of Humpty Dumpty than a description of a body of …

The Measurement Of Damages To Public Property And Interest, Norman Leonard

Akron Law Review

The new concern with measuring damages to public property and interest comes in part from attempts to include such damages in the evaluation of the desirability of constructing private and public projects. Environmental impact statements and land use studies need objective measurement of the consequences flowing from proposed projects. No one method or technique is going to solve the problem of the measurement of impacts, but this article will attempt a partial and limited answer.

The Availability Of Benefit Of The Bargain Expectancy-Based Damages For Buyers Defrauded In California Real Estate Transactions, Laurence A. Steckman, Robert E. Conner, Kris Steckman Taylor

Touro Law Review

No abstract provided.

I'M In The Pursuit Of Your Property: How The Government Disguises A Taking, Amanda Miller

Touro Law Review

No abstract provided.

Brigham-Kanner Property Rights Conference Journal, Volume 4, William & Mary Law School

Brigham-Kanner Property Rights Journal

Defining the Reach of Property

October 30-31, 2014

Panel 1: The Role of the Advocate in Defining Property

Panel 3: Balancing Private Property and Community Rights

Panel 4: Property Rights in Developing and Transitional Countries

Panel 3 Q&A: Discussion on Balancing Private Property and Community Rights

Ohio Usury Laws And The Real Estate Mortgage Lending Market - A Savings Association Viewpoint, Roger A. Yurchuck, James M. Ball

Akron Law Review

Although the concept of usury was unknown at common law, it is of ancient statutory origin. Irrespective of its economic utility to society, usury has become firmly entrenched as an accepted fact of economic life. The concept of usury is easily understandable and lends itself to simple definition. It is, in essence, a prohibition against the taking of an amount for the use of money which is greater than that permitted by law. While the concept itself is simple to grasp, methods of implementing that concept have varied widely from jurisdiction to jurisdiction. Moreover, within many jurisdictions, including Ohio, legislative …

The Private Mortgage Insurance Industry, The Thrift Industry And The Secondary Mortgage Market: Their Interrelationships, Diana G. Browne

Akron Law Review

On the other hand, the existence of the private mortgage insurance industry has facilitated the expansion of the thrift industry and of the secondary mortgage market. Twenty-two years after the formation of the first modern private mortgage insurance company and nine years after the creation of the federally sponsored market in conventional mortgage loans, the growth and success of the three industries can be seen as significantly interrelated.

Alternative Mortgage Instruments In California, Edward S. Washburn

Akron Law Review

Much interest has been generated recently in California and elsewhere in what have been termed alternative mortgage instruments (AMIs). Two separate sets of pressures have been responsible for this. One has been the tremendous increase in the cost of lendable funds requiring constantly higher yield on each lender's overall mortgage portfolio. This has been induced by the inexorable increase in interest rates required to be paid by mortgage lenders in order to obtain lendable funds for home ownership loans, along with unremitting escalation of operating costs. The second pressure has been the persistent escalation of the cost of the conventional …

Apartments And Houses: The Warranty Of Habitability, Walter H.E. Jaeger

Akron Law Review

“The trend towards greater consumer protection so evident in the products liability field is clearly discernible in the sale of new homes by the builder-vendor, and in the leasing of apartments by landlords. Some of the fundamental concepts of real property law, especially those which make no sense in modern society, have been, or are being, overruled and superseded by more enlightened and public policy-minded decisions of both the federal and state courts. It seems safe to predict that the warranty of habitability which governs the sale of new homes by the builder-vendor, adopted by a substantial majority of jurisdictions, …

An Examination Of The Current Ohio Condominium Law, Patricia Mcquillen Billow

Akron Law Review

Ohio sanctioned condominiums in 1963 by enacting the Condominium Property Act. The act addresses five issues: (1) the creation of the condominium form of ownership; (2) the respective interests each unit owner possesses in the common area; (3) the administration of the condominium; (4) the rights of the lienors; and, (5) the removal of the property from the Act's provisions. The Act was amended in 1978 to facilitate consumer protection. This comment will examine the 1978 amendment and evaluate its effectiveness. It will then examine the tax considerations involved in the purchase of a condominium unit.

The Case Against Strict Liability Protection For New Home Buyers In Ohio, Karen Doty

Akron Law Review

In Ohio, home buyers have several means available to protect their investment and assure themselves of getting their money's worth. First, and foremost, the Ohio courts, while not mandating either implied warranties of habitability or strict liability, have offered some protection to the consumer in holding builders to a standard of workmanship commensurate with that prevailing in the trade locally. Ohio courts also recognize collateral covenants with regard to construction that do not merge with the deed when title is transferred.

The Protection Of Property Rights In Computer Software, Edward W. Rilee

Akron Law Review

During the last decade a number of attempts have been made by the courts in the realm of patent and copyright law to settle the issue of the protection of property rights in computer software. These traditional methods of protection, however, have not been able to assimilate this relatively new technological invention. Likewise, at the start of a new decade, little or no progress towards a comprehensive form of software protection can be detected. This paper will examine the problems associated with using federal patent or copyright law to provide computer software protection and discuss why state trade secret protection …

Forfeiture Of Residential Land Contracts In Ohio: The Need For Further Reform Of A Reform Statute, James Geoffrey Durham

Akron Law Review

The purpose of this article is to examine the problems created by Chapter 5313, Installment Land Contracts (the "Act"). In order to do that, the article begins with a background section which more fully describes the type of contractual arrangement under discussion, why people use land contracts, and the economic factors in the current Ohio real estate market which have caused an increase in the use of land contracts and may cause mounting problems with Ohio's land contract statute. The second section describes the common law treatment of land contract defaults and the positions taken by states other than Ohio. …

The Landlord's Liability To His Tenants For Injuries Criminally Inflicted By Third Persons, Marvin M. Moore

Akron Law Review

Until approximately fifteen years ago a landlord was never held civilly liable to his tenants for injuries inflicted by the criminal acts of third persons, regardless of the deficiency of the security measures provided by the landlord.' The landlord was protected from tenant lawsuits by three factors: The historical concept of a lease, certain tort theories of a legalistic nature, and some policy concerns having significant influence upon the courts. In recent years the courts have begun holding landlords liable in some circumstances for criminally-induced injuries sustained by their tenants. The following discussion will examine the reasons for the landlord's …

The Legal Form Of Liberalism: A Study Of Riparian And Nuisance Law In Nineteenth Century Ohio, E. P. Krauss

Akron Law Review

This essay tests the foregoing interpretation by examining the nineteenth century Ohio decisions in the fields of riparian and nuisance law. This data, as shall be shown, tends to confirm the conclusions of earlier scholarship. In the third and fourth parts of this essay two decisions, one from the very beginning of the period under study," and one from near the end, will be considered. These two decisions help identify the developmental context within which judicial law-making passed from a creative to an elaborative phase by illustrating judicial attitudes toward protecting the public interest in 1831 and again in 1892.

Section 280a: Vacation Home And Rental Property, Craig Teller

Akron Law Review

In addition to the personal and business use of a unit, the rules under Internal Revenue Code Section 280A ("280A") also cover situations such as time-sharing arrangements, rental pools, shared equity financing deals and office-at-home deductions. Though 280A applies to individuals, partnerships, trusts, estates, and S Corporations, this comment assumes the "taxpayer" to be an individual taxpayer. This author will first analyze 280A to provide general guidance in the rental of a unit. After the overall analysis, the author will focus on the following rental situations:

1. Analysis of Personal Use.
2. Analysis of Rental Use.
3. Further Analysis of Allocating Rental & …

Aesthetics In Ohio Land Use Law: Preserving Beauty In The Parlor And Keeping Pigs In The Barnyard, Edward H. Ziegler Jr.

Akron Law Review

Traditional zoning restrictions on residential use, lots, and yards invariably involved what Ohio lawyer Alfred Bettman, an early supporter of urban planning, once described as an official regard for "the look of things." These traditional zoning controls though were constitutionally sanctioned on the nuisance analogy basis that such restrictions promoted the orderly development of healthy, safe and quiet residential neighborhoods. Aesthetic values generally were held to be beyond the scope of police power regulation.' In 1930, Judge Cardozo could state: "One of the unsettled questions of the law is the extent to which the concept of nuisance may be enlarged …

A Professional Degree Is Not Marital Property Upon Divorce: Stevens V. Stevens, Katherine Scheid

Akron Law Review

This Note first analyzes the Stevens court's opinion and concludes that it fails to give sufficient direction on how to determine the amount of the alimony award in order to sufficiently compensate the supporting spouse. Second, this Note explores the ways in which courts in other jurisdictions have attempted to compensate the supporting spouse. Finally, this Note proposes two alternative methods of valuing the supporting spouse's contribution. One method applies if the court, as in Stevens v. Stevens, holds that contribution toward a technical degree is not divisible marital property but should be considered when awarding alimony. The second …

Realtor As "Superbroker": Great Expectations Unrealized?, Rene Sacasa, Don Wiesner

Akron Law Review

This article explores the public policy and expectation issues surrounding the qualifications and liabilities of realtors. It is a premise of this article that two phenomena, the expectation that the realtor is a "superbroker" and the application of the law of fiduciaries, are making the practice unstaffable. This collection of society's needs and biases, it is offered, naturally followed land as a product and its transfer.

First Contact: Establishing Jurisdiction Over Activities In Outer Space, Brian Abrams

Georgia Journal of International & Comparative Law

No abstract provided.

Financing America's Public Infrastructure: Issues For Local Governments, Shelley C. Vazmina

Akron Law Review

This comment examines the role state and local government financing has played in America's infrastructure crisis. This comment also recognizes that infrastructure financing issues in declining cities differ from infrastructure issues due to population expansion.

Part I is particularly relevant to declining cities. It reviews traditional methods by which state and local government obtain operating revenues, and the use of these revenues for infrastructure. It discusses trends and developments which have made traditional financing schemes less useful for infrastructure.

Part II applies in large part to growing cities. Growth creates demand for new infrastructure while straining existing core infrastructure. Alternative …

Improving The Image And Legal Status Of The Burial Services Industry, Marvin M. Moore

Akron Law Review

The purpose of this article is to examine the reasons advanced for excluding funeral parlors and graveyards from predominantly residential neighborhoods, the legal devices most commonly employed to accomplish such exclusion, and the propriety of using the police powers of the state to bar a land use that may not always threaten to thwart any of the recognized aims that the police powers are intended to promote. Finally, the article will recommend some practical steps that operators of mortuaries and cemeteries might take in order to gain more public acceptance. To the extent that the law merely reflects the values, …

Private Property, The Takings Clause And The Pursuit Of Market Gain, Charles H. Clarke

Akron Law Review

This Article proposes a fair return model for the takings clause. This conception of the clause has been an operating principle of welfare capitalism for decades. The Article rejects the model of laissez faire capitalism that once dominated the landscape of the nation's constitutional system and may come back again.

Preventing Franchise Flight: Could Cleveland Have Kept The Browns By Exercising Its Eminent Domain Power?, Steven R. Hobson Ii

Akron Law Review

The purpose of this Comment is to analyze whether Ohio law would allow for such a taking, and to determine if such action would have solved the problem of keeping the Browns in Cleveland. In analyzing this issue and focusing on the difficulties that such a taking would create, it will be demonstrated that this taking probably cannot be achieved successfully, and that some congressional intervention is needed to rectify the franchise relocation problem.

Scalia, Property, And Dolan V. Tigard: The Emergence Of A Post-Carolene Products Jurisprudence, David Schultz

Akron Law Review

This Article proposes an analysis of Scalia's views on property rights and shows how the Justice has been important to, if not the leader in, the current rethinking of takings and land use jurisprudence." Also, this Article will engage in a more comprehensive reevaluation of the jurisprudence of the Carolene Products Era that is transpiring both off and on the Court. While previous works have examined Rehnquist's and his Court's views on property, as well as Scalia's views on expressive freedoms criminal due process, and church/state issues, there is no comprehensive discussion addressing Scalia's views on property rights. To accomplish …

The Intention Of The Settlor Under The Uniform Trust Code: Whose Property Is It, Anyway?, Alan Newman

Akron Law Review

Given the increasingly common use of perpetual and other longterm trusts, the pace of change and complexity in our society now and in the foreseeable future, and our sensibilities with respect to private property rights and dead hand control, the UTC appears to have struck a reasonable balance between respecting the settlor’s intent and accommodating the interests of beneficiaries. Undoubtedly, some will find it to have gone too far in favor of trust beneficiaries, while others will find it not to have gone far enough. In any case, this centuries old debate, like the new perpetual trusts that have contributed …